SUJAN BANERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioners are sixteen in number. Their case as made out in this application is that the respondent No. 6 initially appointed petitioner Nos. 1 to 15 as Data Entry Operators and petitioner No. 16 as Peon and deployed them as such in the International Air Cargo Complex (Import and Export Division) of Calcutta Customs at the Netaji Subhas Chandra Bose International Airport ("NSCBI") on December 18, 1998 after execution of an agreement of sub-contract between the respondent No. 4 and the said respondent No. 6. However no appointment letter was issued in their favour by the said respondent No 6.

(2.) Subsequently, the said sub-contract was terminated and a new sub-contract was given to respondent No. 5. After the creation of such new "sub-contract, the respondent No. 5 assigned the same job to the petitioners with the difference that appointment letters were issued to the petitioners on April 26, 2000. Thereafter, the respondent No. 6 issued order of transfer of the petitioner Nos. 1 to 4 on June 23, 2000 asking them to join Chinchura checkpost from July 1, 2000. In the meantime on May 27, 2000 the petitioners gave a representation to the respondent No. 5 requesting the said respondent not to transfer them to any other place but inspite of such representation, the respondent No. 5 not only transferred the petitioner Nos. 1 to 4 but by subsequent letter dated July 18, 2000 threatened to initiate disciplinary proceeding for not joining at the place on transfer.

(3.) Under such circumstances, the petitioners came forward with this writ application claiming the following reliefs: